Wanda Burnette, 43, has pleaded not guilty to charges of first-degree murder and use of a firearm in the commission of a felony in the shooting death of 64-year-old Ralph Carter.

Carter was found shot in his Ironbound Road home Sept. 21, 2005.

Burnette's trial is scheduled for Oct. 2.

Her attorney, David Lee, said Tuesday he plans to pursue an insanity defense, even though Williamsburg psychologist Kevin McWilliams concluded Burnette was sane at the time of the shooting.

Lee does not dispute that Burnette shot Carter, but has said her memories of repeated rapes by her stepfather caused her to react the way that she did. Two psychologists, including McWilliams, previously submitted letters to the court supporting the introduction of evidence about the abuse.

Lee said that under Virginia law, Burnette has the right to make her case even if it's not a clear-cut insanity defense. "There is room that allows us to put on the sanity case to the jury," he said.

Commonwealth's Attorney Mike McGinty said he thinks Lee intends to call McWilliams as a way of "getting in the back door" to introduce evidence about Burnette being sexually abused and suffering from post-traumatic stress disorder.

McGinty said such information is not admissible under Virginia law without a finding of insanity.

"It's a question of relevance," McGinty said about allowing McWilliams to testify. "His bottom-line conclusion is A or B, sane or insane."

McGinty said the commonwealth does not plan to have its own expert evaluate Burnette. Prosecutors have filed a motion to block McWilliams' testimony, and Lee said his office is in the process of preparing a response.